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NAVY | DRB | 2003_Navy | ND03-00559
Original file (ND03-00559.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT

ex-AG2, USN
Docket No. ND03-00559

Applicant’s Request
The application for discharge review was received on 20030212. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a documentary record discharge review. The Applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040128. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, an impropriety in the characterization of the Applicant’s service was discovered by the NDRB. The Board’s vote was three to two that the character of the discharge shall change. The discharge shall change to: HONORABLE/PARENTHOOD OR CUSTODY OF MINOR CHILDREN, authority: NAVMILPERSMAN, Article 1910-124 (formerly 3620215).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

“1. My discharge was inequitable due to uncontrollable circumstances. My mother was listed as the sole guardian on my Child Dependency Certificate. In February 2000, she was diagnosed with bone marrow cancer. In May 2000, while attending Aerographer’s Mate C-School, my mother informed me that due to the chemotheraphy treatments and her needed stays in the hospital she could no longer care for my children.

I was uncertain on what I should do, so I talked with my instructor, who advised me to go to the Career Counselor. My Career Counselor went down every avenue in order for me to continue school. But not only did I have an ill mother, my father was chronically ill also with emphysema. My sister was attending college and the children’s father was not involved.

So the Career Counselor felt the best possible solution for me was to be discharged. He said that if I was able to rectify my dependency situation that there would be no problem with me returning to the Navy. Assuring me that my discharge would not hinder me in re-enlisting and I would keep all of my benefits.

This was all untrue. When I tried to return to active duty, I was told my chances were slim due to my RE-code. When I applied for my Montgomery GI Bill, I was told the VA does not recognize the discharge “General (Under Honorable Conditions)”.

I have given the Navy eight flawless years of active duty service and because I have made accommodations for my prior dependency issues, I have been granted the honor of enlisting in the Navy Reserves.

I respectfully request to have my discharge upgraded from General (Under Honorable Conditions) to Honorable.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Letter of Recommendation from CO Naval and Marine Corps Reserve Center, Augusta
Naval Reserve Enlistment/Reenlisted Contract

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     910726 - 920519  COG
         Active: USN                        920520 - 960527  HON

 Period of Service Under Review :
Date of Enlistment: 960528               Date of Discharge: 000728

 Length of Service (years, months, days):

         Active: 04 02 00
         Inactive: None

 Age at Entry: 24                          Years Contracted: 4 (12 months extension)

 Education Level: 12                        AFQT: 67

 Highest Rate: AG2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.00 (4)    Behavior: 3.20 (5)                OTA: 3.34 (5.0 Evals)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, GCM, HSM, MUC. NAM, LOC (2)

 Days of Unauthorized Absence: None

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):

GENERAL (UNDER HONORABLE CONDITIONS)/PARENTHOOD OR CUSTODY OF MINOR CHILDREN, authority: NAVMILPERSMAN, Article 1910-124 (formerly 3620215).

 Chronological Listing of Significant Service Events :

970628:  Reenlisted at NPMOD CHINA LAKE CA for 4 years with a 12 month extension

000620:  Family Care Plan Certificate: Applicant indicated that she was unable to comply with the Navy's policy for dependent care.

000627:  Applicant’s request for separation by reason of convenience of the government-parenthood.

000719:  Applicant notified of intended recommendation for discharge with a general (under honorable conditions) by reason of convenience of the Government due to parenthood or custody of minor.
000719:  Applicant advised of her rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to submit written statements for consideration by Separation Authority and to obtain copies of the documents used to support the basis for the separation.

000724:  Commanding Officer Naval Technical Training Unit notifying applicant the she has been administratively separated by reason of convenience of the convenience of the Government due to parenthood, also advise Applicant the PSD Gulfport has been notified and will have all paperwork for a General discharge, under honorable conditions, RE-3B, completed within 10 working days.

000725:  Physical examination indicates Applicant was physically fit for release from active duty.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20000728 with a characterization of general (under honorable conditions) by reason of convenience of the Government due to parenthood or custody of minor children (A). The Board presumed regularity in the conduct of governmental affairs (B). After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was improper (C and D).

 Issue 1. The Board found that in the Applicant’s case, the characterization of service should have been the “type warranted by service record.” A review of the Applicant’s records indicated an honorable discharge was warranted. There was no adverse information that would have warranted a less favorable characterization. Therefore, relief is granted.
Additionally, the NDRB noted an administrative error on the original DD Form 214. Block 18 did not reflect the Applicant’s previous four years of honorable service. The Board notified Commander, Naval Personnel Command, Millington, TN and recommended the DD Form 214 be corrected or reissued.

Pertinent Regulation/Law (at time of discharge)

 A. The Naval Military Personnel Manual, (NAVPERS 15560C, Change 21, effective 01 Sep 1998 to 26 Aug 2001, Article 1910-124 (previously 3620215), Separation by reason of Convenience of the Government - Parenthood.
B. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

C. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

D. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

PART IV - INFORMATION FOR THE APPLICANT
If you believe that the decision in your case is unclear, not responsive to the issues you raised, or does not otherwise comport with the decisional document requirements of DoD Directive 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Directive. You should read Enclosure (5) of the Directive before submitting such a complaint. The complaint procedure does not permit a challenge of the merits of the decision; it is designed solely to ensure that the decisional documents meet applicable requirements for clarity and responsiveness. You may view DoD Directive 1332.28 and other Decisional Documents by going online at " afls14.jag.af.mil ".

The names, and votes of the members of the Board are recorded on the original of this document and may be obtained from the service records by writing to:

                  Naval Council of Personnel Boards
                  Attn: Naval Discharge Review Board
                  720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023


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